Golfer charged in beating whiffs on self-defense claim

Wednesday

Jul 30, 2014 at 8:31 PMJul 31, 2014 at 12:34 PM

By Frank Fernandezfrank.fernandez@news-jrnl.com

DAYTONA BEACH — A golfer's claim that his beating of a motorist should be justified under self-defense laws was denied Wednesday after a judge determined the attacker's piston-like punching of a man 20 years his senior was an overreaction.Circuit Judge R. Michael Hutcheson denied the “stand your ground” defense in a Ponce Inlet golf course dust-up which, according to testimony, came after the motorist who confronted the golfer claimed an errant shot sent a ball bouncing off his truck.David James Barror, 44, was golfing with his wife last summer at the Harbor Village Links Complex when Richard Fillingame, 64, approached claiming a golf ball had struck his pickup, according to testimony. No damage was ever found on the truck but what happened next left Fillingame with several broken facial bones and Barror facing a charge of aggravated battery, a second-degree felony punishable by up to 15 years in prison.Hutcheson, in denying Barror's stand your ground motion, said that neither man appeared to be a bad person.Neither one had a criminal record.“From my perspective we seem to have two people that basically are not criminals,” Hutcheson said.The judge suggested the attorneys talk to each another to see if they can resolve the matter before going to trial.“I think, frankly, we got a couple of people that overreacted here,” Hutcheson said. “I don't know if there's any way for you all to reach some compromise.”A bespectacled Fillingame sat with a group of supporters toward the back of the courtroom. When the judge denied Barror's motion, a woman put her head on Fillingame's shoulder.Barror, looking a little like the college wrestler he once was at The Citadel, sat next to his attorney.Barror was playing golf on June 22, 2013, when he was confronted by an angry Fillingame, his defense attorney John Hager said. Barror gave his name to Fillingame and told him to talk to the association or call police. Barror tried to walk way but Fillingame grabbed him by the arm and turned him around, Hager said.That's when Barror punched Fillingame and the men rolled down a hill fighting, Hager said.Hager said that at the time of the confrontation Barror had been very aware of the George Zimmerman trial. Zimmerman had pulled a gun during a confrontation in Sanford and shot 17-year-old Trayvon Martin to death. A jury acquitted Zimmerman on July 13, 2013, of second-degree murder and manslaughter. Hager said Barror was afraid that Fillingame might have a gun.Fillingame said he was walking back to his pickup after talking to Barror when he was hit from behind and doesn't remember anything else, according to testimony. Assistant State Attorney Chris Miller argued that Barror wasn't justified in using any force and the force he did use was unreasonable as evidenced by the broken bones in Fillingame's face.Miller also said that besides being a college wrestler, Barror has done some mixed martial arts training.Hager countered that Barror was not a mixed martial arts fighter. He said that Fillingame was 6 feet 1 and weighed over 200 pounds while Barror is 5 feet 6 inches and weighs 177 pounds. Hager said Barror was confronted by a larger, angry man.In the end, Hutcheson decided that the evidence indicated that Fillingame put his hands on Barror.“I have found by the preponderance of the evidence that the victim actually grabbed the defendant and pulled him back around and the defendant kind of from his testimony instinctively swung his fist and hit the victim in the face,” Hutcheson said. “If that was the end of it, a one punch fight, frankly, I would probably grant the stand your ground immunity defense.”But it wasn't. Hutcheson said that witness testimony indicated that Barror straddled Fillingame as he lay on the ground motionless and punched him hard and quickly four or five times to the face. A witness described Barror as punching like a piston. “I do find that the initial punching was justified,” Hutcheson said. “I find the subsequent punching was excessive.”